DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The preliminary amendment filed 07 March 2025, in which claims 1-11 were amended, has been entered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “19” (page 10). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: the specification is missing section headings (see guidelines below). Appropriate correction is required.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Claim Objections
Claims 1, 3-5, 7, and 10 are objected to because of the following informalities. Examiner suggests the changes below:
“an arrestor strap arrangement” be changed to --the arrestor strap arrangement-- (claim 1, line 7), since this feature has already been claimed;
“an airbag” be changed to --the airbag-- (claim 1, line 7), since this feature has already been claimed;
“at least one backstop” be changed to --the at least one backstop-- (claim 3, line 4), since this feature has already been claimed;
“a backstop” be changed to --the backstop-- (claim 4, line 3), since this feature has already been claimed;
“a backstop” be changed to --the backstop-- (claim 5, line 3), since this feature has already been claimed;
“a backstop” be changed to --the backstop-- (claim 7, lines 1-2), since this feature has already been claimed;
“a V-shape” be changed to --the V-shape-- (claim 10, line 4), since this feature has already been claimed.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claim 9, the term "preferably" (line 3) renders the claim indefinite because the boundaries of the claim are not discernable. Description of examples and preferences is properly set forth in the specification rather than in a single claim. A preferred embodiment may also be set forth in another independent or dependent claim. If stated in a single claim, examples and preferences lead to confusion over the intended scope of the claim. Clarification and rephrasing are required.
In regards to claim 11, It is unclear what feature is being claimed with the phrase “a seat” (line 3), since Applicant has already claimed a “vehicle seat” (line 1). Clarification and rephrasing are required.
In regards to claim 11, and the phrase “A vehicle seat for a motor vehicle, comprising” (line 1), it is unclear if a vehicle seat comprises the subsequent limitations, or a motor vehicle comprises the subsequent limitations. Examiner has interpreted claim 11 as a vehicle seat comprising the subsequent limitations of a backrest, seat, and airbag device.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TRW (DE 20016335 U1; paragraph numbers pointed out below correlate to attached translation from the EPO website). TRW discloses an airbag device (figure 1) comprising:
(claim 1) at least one airbag module (including airbag #7) and at least one arrestor strap mechanism (including tensioning device #9, 9’, tension band #35; figures 1-5);
wherein the at least one airbag module comprises at least one airbag (#7), and the at least one arrestor strap mechanism comprises at least one arrestor strap arrangement (including tension band #35) and at least one tightening device (including tensioning device #9, 9’) for the at least one arrestor strap arrangement (figure 1-5; paragraphs 0031-0039);
wherein an end of an arrestor strap arrangement (including tension band #35) is attached to an airbag (#7; paragraph 0034; figure 1), and the tightening device (#9, 9’) pulls at least one arrestor strap (#35) of the arrestor strap arrangement in a pulling direction (clamping direction #A) during a tightening operation (figures 1-5; paragraphs 0031-0039);
wherein at least one backstop (including piston guide rib #23, slot #25, lever #27, teeth #29, 31 in figures 2, 3; including spring washer #51, slot #53, teeth #59 in figures 4, 5) is provided, with which the arrestor strap (#35) can be prevented from being pulled out counter to the pulling direction (#A) after the tightening operation (paragraphs 0033-0037);
(claim 2) wherein the tightening device (#9, 9’) comprises the at least one backstop (#23, 25, 27, 29, 31, 51, 53, 59; figures 1-5; paragraphs 0033-0037);
(claim 3) wherein the tightening device (#9, 9’) comprises a deflection element (fixing #33) which can be driven in a drive direction (clamping direction #A), and the deflection element deflects the arrestor strap (#35) of the arrestor strap arrangement in the tightening device (figures 2, 4, 5; paragraphs 0034-0036);
wherein at least one backstop (#23, 25, 27, 29, 31, 51, 53, 59) prevents a movement of the deflection element (#33) counter to the drive direction (#A; figures 2, 4, 5; paragraphs 0033-0037);
(claim 4) wherein the deflection element (#33) is mounted on a cage (including end #21 of piston rod #19, 19’), and the cage can be driven within a housing (cylinder #15) in the drive direction (#A; figures 2-5; paragraphs 0031-0037);
wherein a backstop (#23, 25, 27, 29, 31, 51, 53, 59) has a clamping element provided on the cage (including end #21 of piston rod #19, 19’), which clamping element prevents movement of the cage in the housing (#15) counter to the drive direction (#A; figures 2-5; paragraphs 0031-0037);
(claim 5) wherein the tightening device (#9, 9’) comprises a drivable rod-shaped adjustment element (including piston rod #19, 19’; figures 1-5; paragraphs 0031-0037);
wherein a backstop (#23, 25, 27, 29, 31, 51, 53, 59) acts directly on the rod-shaped adjustment element (#19, 19’; figures 2-5; paragraphs 0033-0037);
(claim 6) wherein the backstop (#23, 25, 27, 29, 31, 51, 53, 59) has a first locking element (such as, teeth #31) that at least in portions changes conically along the rod-shaped adjustment element (#19, 19’), and a second locking element (such as, teeth #29) interacting with the conical portion of the first locking element (figures 2, 3; paragraph 0033).
Claim(s) 1-3 and 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bayley et al. (US 6431588 B1). Bayley et al. discloses an airbag device (figures 1, 2) comprising:
(claim 1) at least one airbag module (apparatus #10) and at least one arrestor strap mechanism (including tensioning device #70, 90, 110, 120, flexible elongated member #72, 92, 112, 126; figures 1, 2, 4, 5; column 3, line 38-column 7, line 38);
wherein the at least one airbag module (#10) comprises at least one airbag (inflatable curtain #14; figures 1-3; column 2, lines 33-41), and the at least one arrestor strap mechanism comprises at least one arrestor strap arrangement (including flexible elongated member #72, 92, 112, 126) and at least one tightening device (including tensioning device #70, 90, 110, 120) for the at least one arrestor strap arrangement (figures 1, 2, 4, 5; column 3, line 38-column 7, line 38);
wherein an end of an arrestor strap arrangement (including flexible elongated member #72, 92, 112, 126) is attached to an airbag (#14; figures 1, 2), and the tightening device (#70, 90, 110, 120) pulls at least one arrestor strap (#72, 92, 112, 126) of the arrestor strap arrangement in a pulling direction during a tightening operation (figures 2, 5; column 3, line 38-column 7, line 38);
wherein at least one backstop (including blocking means #130) is provided, with which the arrestor strap (#72, 92, 112, 126) can be prevented from being pulled out counter to the pulling direction after the tightening operation (figures 4, 5; column 4, line 49-column 6, line 9);
(claim 2) wherein the tightening device (#70, 90, 110, 120) comprises the at least one backstop (#130; figures 4, 5; column 4, line 49-column 6, line 9);
(claim 3) wherein the tightening device (#70, 90, 110, 120) comprises a deflection element (piston #124) which can be driven in a drive direction, and the deflection element deflects the arrestor strap (#72, 92, 112, 126) of the arrestor strap arrangement in the tightening device (figures 4, 5; Abstract; column 4, lines 38-48; column 5, lines 42-53);
wherein at least one backstop (#130) prevents a movement of the deflection element (#124) counter to the drive direction (figures 4, 5; column 4, line 49-column 6, line 9);
(claim 7) wherein a backstop (#130) acts directly on the arrestor strap (#72, 92, 112, 126) of the arrestor strap arrangement (figures 4, 5; column 4, line 49-column 6, line 9);
(claim 8) wherein the backstop (#130) has ribs (including jaws #132 with teeth #134) along which the arrestor strap (#72, 92, 112, 126) is guided, the ribs being designed such that the arrestor strap is movable in the pulling direction and is locked counter to the pulling direction by the ribs (figures 4, 5; column 4, line 49-column 6, line 9);
(claim 9) wherein the backstop (#130) has two groups of ribs (including jaws #132 with teeth #134), between which the arrestor strap (#72, 92, 112, 126) is guided (figures 4, 5);
wherein the two groups of ribs (including jaws #132 with teeth #134) are preferably arranged in a V-shape relative to one another (figures 4, 5);
(claim 10) wherein the backstop (#130) comprises at least one cable guide which is designed and arranged such that, when the arrestor strap arrangement is loaded counter to the pulling direction, the arrestor strap (#72, 92, 112, 126) is loaded against a base of the ribs (including jaws #132 with teeth #134) arranged in a V-shape relative to one another (figures 4, 5; column 4, line 49-column 6, line 9).
Claim(s) 1-3, 5-8, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mueller (DE 19738728 A1; paragraph numbers pointed out below correlate to attached translation from the EPO website). Mueller discloses an airbag device (figures 1, 2) comprising:
(claim 1) at least one airbag module (side airbag device #2) and at least one arrestor strap mechanism (including tension band #13, tensioning device #14; paragraph 0057);
wherein the at least one airbag module (#2) comprises at least one airbag (#3; figure 2), and the at least one arrestor strap mechanism comprises at least one arrestor strap arrangement (including tension band #13) and at least one tightening device (including tensioning device #14) for the at least one arrestor strap arrangement (paragraph 0057; figures 1-6; other embodiments may also apply);
wherein an end of an arrestor strap arrangement (including tension band #13) is attached to an airbag (#3; figures 1, 2), and the tightening device (#14) pulls at least one arrestor strap (#13) of the arrestor strap arrangement in a pulling direction during a tightening operation (figures 1-6; paragraphs 0057-0077);
wherein at least one backstop (including ball clamp brake #26, clamping plate #35) is provided, with which the arrestor strap (#13) can be prevented from being pulled out counter to the pulling direction after the tightening operation (paragraphs 0063, 0073, 0075; figures 3-6);
(claim 2) wherein the tightening device (#14) comprises the at least one backstop (#26, 35; paragraphs 0063, 0073, 0075; figures 3-6);
(claim 3) wherein the tightening device (#14) comprises a deflection element (piston #24) which can be driven in a drive direction, and the deflection element deflects the arrestor strap (#13) of the arrestor strap arrangement in the tightening device (figures 3-6; paragraphs 0062-0077);
wherein at least one backstop (#26, 35) prevents a movement of the deflection element (#24) counter to the drive direction (paragraphs 0063, 0073, 0075; figures 3-6);
(claim 5) wherein the tightening device (#14) comprises a drivable rod-shaped adjustment element (piston #24; figures 3-6; paragraphs 0062-0077);
wherein a backstop (#26, 35) acts directly on the rod-shaped adjustment element (#24; paragraphs 0063, 0073, 0075; figures 3-6);
(claim 6) wherein the backstop (#26) has a first locking element (including tapered gap between piston #24 and cylinder #20) that at least in portions changes conically along the rod-shaped adjustment element (#24), and a second locking element (ball clamp brake #26) interacting with the conical portion of the first locking element (figure 3; paragraph 0063);
(claim 7) wherein a backstop (#35) acts directly on the arrestor strap (#13) of the arrestor strap arrangement (figures 4-6; paragraph 0075);
(claim 8) wherein the backstop (#35) has ribs (legs) along which the arrestor strap (#13) is guided, the ribs being designed such that the arrestor strap is movable in the pulling direction and is locked counter to the pulling direction by the ribs (figures 4-6; paragraph 0075);
(claim 11) a vehicle seat (#1) for a motor vehicle, comprising a backrest (#7), a seat (#6), and the airbag device (#2; figures 1, 2; paragraph 0051).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses airbag devices including arrestor straps, tensioning devices, and backstops.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614B